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��14��141 <br /> �b} �]Vith�ut the prior written appr�val of HUD, a BorroWer-�perat�r <br /> Agreement sha11 n�t be amended so as to (i} materially increase ar�y management fees �r other <br /> pa�ments paid by B�rrower or Master Tenant thereunder, �ii�materia�ly increase the obligations <br /> af Borrower or Master Tenant or the rights of �perator, �iii} materially decrease the rights of <br /> Borrower or Master Tenant ar the obligatio�.s of �perator, or (�v� alter �.ny provis�on of any <br /> Borrower-�perator Agreement that HUD required to be inc�uded therein. Pr�or written notice of <br /> and subsequent executed copies of all amendments to any BorroWer-�perat�r Agreement shal� <br /> be pr�mptly pr�v�ded to HIJI] and the Lender. <br /> 13. MANA�EMENT A�REEMENTS. Na praperty managernent agreement <br /> relating to the Healthcar� Faci�ity or any portion of the Pr�jeCt ("Management Agreement"} <br /> shall be �xecuted unless such Mar�agement Agr�ement is approved by HUD. Any management <br /> agent must be a�proved by HUI] and must execute and de�i�er a Management Agent <br /> �ert�fi�at�on — Residential Care Fa�ilities (form HUD-9839-�R�F, or successor form} in su�h <br /> fnrm as appro�ed by HUD. Any Management Agreement sha11 contain the foll�wing provis�ons: <br /> �1} the Management Agreement shall terminate with�ut penalty upon failure to camply with the <br /> �r�vis�ons of Management �ertif��at�on to HUD, or for other g�od cause, including without <br /> limitation for �i��ati�ns of the Borrower's Regulatory Agreement, �perator's Regu�atory <br /> Agreement, andlor Master Tenant's Regulat�ry Agreement, if any, thirty days after HUD has <br /> mailed th� �peratar a written notice of its desire to terminate the Management Agreement; �2� <br /> in the e�ent that HLJD determines that any �f the Permits and Approvals reasonably necessary t� <br /> operate th� Healthcare Fac�Iity is at substantial and imminent r�sk of being terminated, suspended <br /> or otherwise restr�cted, if such termination, suspension or other r�striction would have a <br /> materially adverse effect�n the Project,the Management Agre�ment shall terminate imrnediately <br /> without penalty upon HUD's issuan�e of a natice of termination to �perator and Agent; and �3) <br /> the Management Agreement may nat be assigned withaut the prior written appro�al �f HUI]. <br /> Upon request for termination, �perator shall immediately arrange to terminate any such <br /> Management Agreement and shai� make arrangements satisfactory ta HUD for the cantinuing <br /> proper management af the Hea�thcare Facility and the Proj�ct. Any mater�al amendment to the <br /> management agreement must be acceptable to HUD, in accardance with Program �biigations. <br /> 14. PR�HIBITI�N �F �ERTAIN FEES. Except as permitted by Program <br /> �bl�gations or �therwise approved hy HUD, �peratar sha�� not �harge any res�dent �f the <br /> Hea�thcare Fa�ility an admission fee, key fee, finder's fee, continuing care retirement community <br /> fee, life-care fee or similar fee �ursua.nt to any agreement to furnish residential units or services <br /> to persans rnaking such payments. <br /> 15, SE�URITY DEP�SITS ANI� �THER FEES. Except as permitt�d by <br /> Pro�ram �bligations ar otherwise approved by HUD, �perator shall not require as a condit��n of <br /> n�cupancy or leasing of any unit in the Healthcare Faci�ity, any consideration or dep�sit, <br /> pr�vided that �perator may require th� prepaym�nt of the first m�nth's rent plus a security <br /> d�posit in an arnaunt not in excess of ane month's rent, to guarantee the perfarmance of any <br /> tenant lease terms. �perator may charge �i} appli�ation processing f�es such as Cred�t check or <br /> �riminal background fees, (��� fees for assessing the cond�tion �f pot�ntial residents in order to <br /> deterrnine their suitability for residing in the Hea�thcaxe Fa�il�ty, andlor�iii}pet depas�ts. <br /> Pre�ivus Wersions obsolete Page 'I'� nf'IS form HUD-924��A-�R�F�Re�.�8113} <br /> Rep�aces H U D-9�465-N H L <br />